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2025 DAILYLAW 90797 (KAR)

KALYAN KUMAR v. THE STATE OF KARNATAKA

CRL.P/15591/2025 · 2025-12-03

Shivashankar Amarannavar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50503 CRL.P No. 15591 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 15591 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: 1. KALYAN KUMAR S/O CHALAPATHLI AGED ABOUT 29 YEARS R/A BUCHEPALLI VILLAGE KYASAMBALLI HOBLI KGF TALUK BANGARPET – 563 121. (PETITONER IS ARRAYED AS ACCUSED) …PETITIONER (BY SRI. UDHAYA KUMAR G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY SHO KYSAMBALLI POLICE STATION, KGF REP BY STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA AT BANGALORE – 560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50503 CRL.P No. 15591 of 2025 CR.NO.70/2025 REGISTERED BY KYASAMBALLI P.S., FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 308(4), 352 OF BNS, 2023, PENDING ON THE FILE OF 1ST ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT, KOLAR DISTRICT, K.G.F AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by sole accused under Section 483 of BNS, 2023, praying to grant bail in Crime No.70/2025 of Kyasamballi Police Station registered for the offences punishable under Section 308(4) and 352 of BNS, 2023. 2. Heard Sri. Udhaya Kumar G., learned counsel appearing for the petitioner and Smt. Rashmi Patel, learned High Court Government Pleader appearing for respondent. - 3 - HC-KAR NC: 2025:KHC:50503 CRL.P No. 15591 of 2025 3. Learned counsel for the petitioner contends that, the complainant is a financier and the petitioner had received financial help from him. Hence, a false complaint has been registered against the petitioner. The petitioner is ready to co-operate with the Police in further investigation. The petitioner is in judicial custody since 11.10.2025 and therefore, he is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The offences alleged against the petitioner are not punishable either with death or imprisonment for life. Making such submissions, learned counsel for the petitioner prays to allow the petition. 4. Per contra, the learned High Court Government Pleader for respondent – State of Karnataka, contends that, the petitioner is a responsible Officer and he has misused his position and demanded a bribe of Rs.30,000 from the complainant, in order to not - 4 - HC-KAR NC: 2025:KHC:50503 CRL.P No. 15591 of 2025 file any complaint against the relatives of the complainant who has married a minor girl. The investigation is in progress. 5. Having heard learned counsels appearing for the respective parties, this Court has perused the copy of F.I.R, complaint and other documents placed on record. 6. The petitioner is working as a District Co-ordinator of District Children Protection Unit, District Children Helpline Center, KGF, Kolar. The petitioner is stated to have received information that one person namely Sri. Kiran Kumar, who is the relative of the complainant, had married a minor girl and she has become pregnant. The petitioner has demanded and accepted a sum of Rs.30,000/- from the complainant in order not file any complaint against Sri. Kiran Kumar, who is the relative of the complainant and again he was demanding more money from the complainant. - 5 - HC-KAR NC: 2025:KHC:50503 CRL.P No. 15591 of 2025 7. The petitioner has been arrested on 11.10.2025, on the same day he has been produced before the jurisdictional Magistrate and he has been remanded to judicial custody. The alleged transfer of money by the complainant to the petitioner/accused is through Phonepe and the Investigating Officer has investigated and secured details in that regard. It appears that the major portion of investigation is over and therefore, the petitioner is not required for any further custodial interrogation. The petitioner is a Government Official and his presence can be secured easily for investigation and trial. The offence alleged against the petitioner is not punishable either with death or imprisonment of life. There are no criminal antecedents of the petitioner. 8. Considering the above aspects, the petitioner has made out a case for grant of bail with conditions. In the result, the following: - 6 - HC-KAR NC: 2025:KHC:50503 CRL.P No. 15591 of 2025 ORDER 1. The Criminal Petition is allowed. 2. The petitioner is granted bail in Crime No.70/2025 of Kyasambali Police Station, subject to following conditions: i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum of the satisfaction of the Jurisdictional Court. ii. The petitioner shall not tamper the prosecution witnesses either directly or indirectly. iii. The petitioner shall co-operate with Investigating Officer in further investigation, if any. iv. The petitioner shall attend the Trial Court on all hearing dates unless exempted and - 7 - HC-KAR NC: 2025:KHC:50503 CRL.P No. 15591 of 2025 co-operate for the speedy disposal of the case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE NM List No.: 1 Sl No.: 11